State of the media in Southern Africa - 2003 the situation is not humanly tolerable (for example when it can be proved that such testimony may endanger their life or cause injury or imperil a source). MISA-SA rejects the subpoena of journalists and editors to testify to the veracity of information that they received in an off-the-record briefing by Ngcuka in July, on the grounds that the contents of the briefing were confidential. The coalition plans to join Munusamy’s application as amici curiae if she is granted leave to appeal to the Constitutional Court based on the importance that a constitutional court ruling will have in deepening or clarifying the liberties of journalists. A favorable constitutional court ruling in respect of the rights of the journalist would establish an African precedent which should assist South Africa’s neighbour states should similar action be taken against their journalists in the Southern African Development Community and the African Union. A victory in this case will provide a remedy to the challenge of laws similar to the Commissions Act of 1947, like Section 205 of the Criminal Procedures Act that requires journalists to testify (often as the court’s first witness) and provide “just” or “reasonable” cause as to why they should be allowed not to answer questions on the stand or hand over confidential documentation. This will provide some measure of protection to ensure that investigative bodies not abuse media freedom by forcing journalists to become extensions of the law and police informants. Enquiries: Raymond Louw (011) 646 8790 - 082 446 5155 Jude Mathurine (011) 4030206 – 083 7991701 TANZANIA Press Statement December 1, 2003 Statement on the closure of Dira newspaper T he Media Institute of Southern Africa (MISA) – Tanzania is gravely concerned by the directive to suspend the publication of Dira newspaper, issued by Salum Juma Othman, Minister of State, in the Chief Minister’s Office on Monday, November 24, 2003. The notice of suspension was addressed to Dira Managing Editor, Ali Nabwa, for allegedly violating professional ethics. MISA-Tanzania challenges this action as being against the spirit of the progress made in recent days with the announcement of a new Media Policy for Tanzania. This policy lays the foundation for conducive conditions to ensure the full enjoyment by citizens of the Republic of Tanzania, of their democratic rights, including the right to freedom of information and expression. We therefore challenge the move as harsh, unacceptable and a violation of media freedom in our Republic, where all stakeholders have to date endeavoured to create a diverse, accountable and independent media. In view of this, we anticipate for further constructive discussions through the Media Council of Tanzania, and not arbitrary action against the newspaper that led to the suspension. Salva Rweyemamu Chairperson MISA-Tanzania So This Is Democracy? 2003 142 Media Institute of Southern Africa